Lawyers' business activities must be based on facts and take the law as the criterion. Article 5 The working organization for lawyers to perform their duties is a law firm or a legal advisory office (hereinafter referred to as a law firm).
The law firm was established with the approval of the Municipal Bureau of Justice and accepted the leadership, management and supervision of the judicial administrative organs. Article 6 When a lawyer undertakes business, the law firm shall uniformly accept the entrustment and collect fees. Lawyers are not allowed to accept entrustment and receive remuneration without permission.
Without the consent of the client, the same law firm may not accept the entrustment of both parties to the same case. The same lawyer may not act as an agent or defender of other parties with conflicts of interest in the same case.
When a law firm assigns tasks to lawyers, it shall meet the requirements of naming clients according to the actual situation.
When the people's court needs to appoint a lawyer as an agent or defender of the parties, the law firm shall appoint an agent or defender according to the requirements of the people's court. Article 7 Lawyers who participate in litigation, arbitration and mediation activities shall have the right to consult, extract and copy the case materials they undertake from relevant units and individuals and conduct investigations in accordance with laws, regulations and the provisions of relevant state departments. Article 8 Lawyers who act as defenders of criminal cases may meet and correspond with defendants in custody.
The detention center shall provide a meeting place and timely forward the communication between the lawyer and the defendant in custody. Article 9 A lawyer who acts as an agent or a defender has the right to terminate the agency relationship or refuse to act as a defender if he believes that the client or the defendant insists on violating the requirements of laws and regulations or refuses to truthfully state the case, and shall promptly notify the people's court. Article 10 When a people's court holds a court session to hear or mediate a case, it shall notify an attorney to appear in court to perform his duties, and the notice shall be delivered three days before the court session, unless otherwise provided by law.
If a lawyer cannot appear in court on time due to the complexity of the case, the urgency of the court session or other special circumstances, he may apply to the people's court for an adjournment in time. On the premise of not affecting the time limit for closing the case, the people's court shall consider and make a decision, and notify the lawyer in charge. Article 11 The court shall respect and guarantee the legal rights enjoyed by lawyers when performing their duties in the court. Article 12 A lawyer who acts as a defender of a criminal case may apply to the court orally or in writing for supplementary investigation when he discovers major clues in this case and problems related to conviction and sentencing. The court shall make a decision on whether to approve the lawyer's application, notify the lawyer and record it in the file. Article 13 The written evidence, proxy statement and defense submitted by lawyers to the people's court must be included in the people's court. The court shall record the opinions expressed by lawyers on agency and defense in court. Article 14 The people's court shall serve the written judgment, ruling and conciliation statement on the parties and lawyers. Article 15 With the special authorization of the client or the consent of the defendant, a lawyer may appeal to the people's court in the name of the client or the defendant during the appeal period. Article 16 If a lawyer believes that a legally effective judgment or ruling on a case he has undertaken is indeed wrong in ascertaining facts or applying laws, which violates legal proceedings, his law firm may submit written opinions to the people's court, and at the same time, it may also reflect it to the people's procuratorate at the same level of the people's court and the Standing Committee of the people's congress. The people's court is responsible for handling the above written opinions and informing the law firm of the results. Article 17 A lawyer shall not take advantage of his position to conceal, destroy or forge evidence, or accept bribes, ask for property or abuse power for personal gain. Article 18 A lawyer must keep strictly confidential the state secrets and personal privacy he comes into contact with when performing his duties. Article 19 When a lawyer acts as a legal adviser, the law firm to which he belongs shall sign a contract with the employing unit. Lawyers shall provide legal services to the employing unit in accordance with the contract, and if they find that the employing unit does not conform to the provisions of laws and regulations, they shall put forward suggestions for correction. Article 20 A lawyer who participates in litigation shall carefully consult the relevant case files, carefully investigate and prepare defense opinions before appearing in court. If conditions permit, it shall meet with the client or defendant who undertakes the case.
When meeting the defendant in custody, a lawyer shall hold a lawyer's work permit and a special letter of introduction from the law firm, and abide by the provisions of the relevant state departments.